Me. Rev. Stat. » Title 38
Maine Revised Statutes

Me. Rev. Stat. tit. 38, § 633 (2026)

Prohibition

✓ current as of May 2026
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1.  Permit required.  A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department.  
[PL 2007, c. 160, §2 (AMD).]
2.  Exceptions.  This subarticle does not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 489‑E; and small hydroelectric generating facilities laws, this subarticle.  
[PL 2011, c. 653, §24 (AMD); PL 2011, c. 653, §33 (AFF).]
3.  Exemptions.  Normal maintenance and repair of an existing and operating hydropower project shall be exempt from this subarticle, provided that:  
A. The activity does not involve any dredging or filling below the normal high-water line of any great pond, coastal wetland, river, stream or brook; and   [PL 1983, c. 458, §18 (NEW).]
B. The activity does not involve any dredging or filling on the land adjacent to any great pond, coastal wetland, river, stream or brook such that any dredged spoil, fill or structure may fall or be washed into those waters.   [PL 1983, c. 458, §18 (NEW).]
[PL 1983, c. 458, §18 (NEW).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW). PL 1987, c. 402, §A203 (AMD). PL 1989, c. 878, §G8 (AMD). PL 1989, c. 890, §§A40, B182 (AMD). PL 2007, c. 160, §2 (AMD). PL 2011, c. 653, §24 (AMD). PL 2011, c. 653, §33 (AFF).
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Notes of Decisions
Cited in 2 cases, 2007–2009 · leading case: Save Our Sebasticook, Inc. v. Bd. of Env't Prot., 2007 ME 102 (Me. 2007).
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Save Our Sebasticook, Inc. v. Bd. of Env't Prot., 2007 ME 102 (Me. 2007). “38 M.R.S. §§ 633(1), 634(4). In order to receive a permit from the Department, the applicant must demonstrate, and the Department must find, that eight criteria have been met.”
Scribner's Mill Pres. v. Maine Dep't of Envtl. Prot. (Me. Super. Ct 2009). “§ 632(2)? The policy and purpose of the MWDCA states: "[I]t is the policy of the State to support and encourage the development of hydropower projects by simplifying and clarifying requirements for permits, while assuring reasonable protection of natural resources and the public…”
— Me. Rev. Stat. tit. 38, § 633(1) — 1 case
Save Our Sebasticook, Inc. v. Bd. of Env't Prot., 2007 ME 102 (Me. 2007). “38 M.R.S. §§ 633(1), 634(4). In order to receive a permit from the Department, the applicant must demonstrate, and the Department must find, that eight criteria have been met.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.